Allen v. Brooks’s Empirical Analysis
1962
Citation profile
4 federal appellate · 33 state decisions
How this case has been cited
Cited by 42 later decisions — most recently July 2010 · most notably Stevens v. Ford Motor Co. (1983), Smith v. Virginia Electric & Power Co. (1963)
4 federal appellate · 33 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Steele v. Crocker · Nehi Bottling Company v. Lambert · Dinwiddie v. Hamilton · Penoso v. D. Pender Grocery Co. · Danner v. Cunningham
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In this Commonwealth, we follow the salutary rule that questions of negligence and contributory negligence should, if at all appropriate, be left to the determination of the jury. This is because such questions, ordinarily, can only be determined by the sifting and appraisal of facts—matters which are exclusively within the province of the jury. [Citations omitted] The trial court is empowered to step in and decide such questions, as matters of law, in a proper situation, thereby withdrawing from the jury any consideration thereof. But this course should be followed by the court only when reasonable men should not differ as to the conclusion to be reached from the facts and where one, and only one, conclusion, as a matter of law, is warranted. [Citations omitted]”
1 later decision quote this exact passage · from the majority““In this Commonwealth, we follow the salutary rule that questions of negligence and contributory negligence should, if at all appropriate, be left to the determination of the jury. This is because such questions, ordinarily, can only be determined by the sifting and appraisal of facts — matters which are exclusively within the province of the jury. * *” Allen v. Brooks, 203 Va. 357, 361 , 124 S.E.2d 18, 21 .”
1 later decision quote this exact passage · from the majoritye.g. Hagan v. Hicks
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.